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HomeMy WebLinkAboutApplicationConn, Angelina V From: Sent: To: Cc: Subject: Conn, Angelina V Thursday, March 03, 2011 11:48 AM Boone, Rache M.; Blanchard, Jim E; Donahue-Wo|d.Alexia K; Hancock, Ramona B; HoUibaugh Mike P Keeling, Adrienne M; Littlejohn, David W; Martin, Gandy; Mindham, Daren; Stewart, Lisa M; Tingley, Connie S 'Jon Ooboeiewicz;thad\e@nf-law.com' Updated Docket No. Assignment: (DSV) The National Bank ot ndianapolis Signage 11010007 8 V 11020016 V) All: The revised docket no assignment email is below (and changes are in orange) to reflect an additional variance and updated meeting dates arid deadtines. -Angie Conn, Planning Administrator From: Boone, Rachel M. Sent: Friday, January 14, 2011 12:37 PM To: Blanchard, Jim E; Conn, Angelina V; Oonuhue4NoN, Alexia K; Hancock, Ramona B; Hollibaugh, Mike P; Keeling, Adrienne M; Littlejohn, DavNVV; Martio.CandKK4indham.Daren;SUywart.Liaa;Ting|ey.ConnkeS Cc: Jon Doboaiewicz;ohadia@nf-law.cum Subject: Docket No. Assignment: (DSV) The Nationa Bank of lndianapotis Signage(#11810007 8 V) have updated the file. have contacted the petitioner and issued the necessary Docket Numbers for (V) The National Bank of Indianapolis. They will bathe following: (V) The National Bank of Indianapois The applicant seeks the following development standards variance approvals: Docket No. 11010007 V Ch. 25.07.02-08 b) Number of signs (2 requested, 1 allowed) Docket No. 11010008 V Ch. 25.07.02'08 b) Two signs facing north ROW (1 allowed) Docket No. 11020016 V Ch. 26.04 Bu#mryardp/antings The site ia located et Carmel Dr. It is zoned B-8. Filed by Jon Dobosiewicz of Nelson Frankenberger on behalf of the National Bank of lndianapolis. Mr. Duboaiewkzz can be contacted at317'844'O/06 Fees: Docket No. 11010007 V Docket No. 11010008 V Dock t's, 1102001G Total Fee: $601.80 Development Standards Variance Hearing Officer fee $300.00 Development Standards Variance Hearing Officer additional fee Stii48 40 OeveiopmeniS\an6a!du Var�unoa�d�U`cna|vor|ur/cs $901.00 paid; $546,40 still due. Petitioner, please note the following: 1 This Item will not be on an agenda of the Technicat Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than March 3'. Published notice is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see application). 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, March 2 4_ The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no ater than NOON, Friday, March 1 6 Failure to submit Informational Packets by this tirne will result in the automatic tabling of the petition. 5. This Item wil appear on the March 28' agenda of the Board of Zoning Appeals Fipetylaretjhci under Public Hearings. 6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must becollated. 7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the tem to be heard. It no one appears, 1 wil be tabled to the Ap 25 meeting. 1 8. PETITIONER: refer to your instruction sheet for more details. Department's Review Comments; petitioner, please complete the following: 1. Make sure the public notice meeting time to the newspaper and neighbors reads 6:00 PM. It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317- 444 -7163 or email: publicnotices @indystar.com). 2. Please make checks payable to the City of Carmel. 3. Please provide filled out and notarized placement of public notice sign affidavit. 4. Please provide proof of notice from the Indy Star. 5. Please provide green signed return receipts. 6. Please provide a copy of the proposed landscape plan with reduced bufferyards, and also provide a memo explaining what bufferyards are being reduced and by how much. Thank you, Angie Conn City Planner City of Carmel Department of Community Services 3rd Floor One Civic Square Carmel, IN 46032 317.571.2417 317.571.2426 fax hftp://www.ci.carmel.in.us/services/communitvservice.html A Please consider the environment before printing this e mail 2 CITY OF CARMEL CLAY TOWNSHIP HAMILTON COUNTY, INDIANA APPLICATION FOR BOARD OF ZONING APPEALS ACTION DEVELOPMENT STANDARDS VARIANCE REQUEST FEE: Single Family (Primary Residence) $286.00 for the first variance, plus $88.00 for each additional section of the ordinance being varied. *5 990 All Other $1,133.50 for the first variance, plus for each additional section of the ordinance being varied OR see Hearing Officer Fees DOCKET NO. 11020016 V DATE RECEIVED: 1) Applicant: The National Bank of Indianapolis Address: See Exhibit "B" Phone: See Exhibit "B" 2) Project Name: National Bank of Indianapolis Engineer /Architect: See Exhibit "B" Attorney: Charles D. Frankenberger Phone: (317) 844 -0106 Contact Person: Charles D. Frankenberger and Jon C. Dobosiewicz 3) Applicant's Status: (Check the appropriate response) (a) The applicant's name is on the deed to the property X (b) The applicant is the contract purchaser of the property (c) Other The applicant is under contract to purchase the property. 5) Record of Ownership: Deed Book No. /Instrument No.: See the attached Findings of Fact. Email: Charlie @nf- law.com Phone: (317) 844 -0106 Email: Charlie @nf- law.com and Ion @nf- law.com 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Kathryn M. Kunz and Sarah H. Kunz, Trustees of the Patsy M. Kunz Revocable Trust Phone: (317) 639 -1210 Landowner address: Attn: Kathryn M. Kunz, Lewis Kappes, P.C., One American Square, Suite 2500, Indianapolis, IN 46282 -0003 6) Common address of the property involved: 613 East Carmel Drive, Carmel, IN 46032 Legal description: See "Exhibit A" Tax Map Parcel No.: 16- 10- 31- 00 -00- 016.021 The applicant seeks approval to permit a reduction in required bufferyard plantings of Section 26.04 of the Zoning Ordinance. 7) State explanation of requested Development Standards Variance: (State what you want to do and cite the section number(s) of the Carmel /Clay Zoning Ordinance that applies and /or creates the need for this request). 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact Development Standards Variance 9) Present zoning of the property (give exact classification): B -8 (Business) 10) Size of lot /parcel in question: 1.12 acres 11) Present use of the property: Unoccupied Restaurant 12) Describe the proposed use of the property: Financial institution 13) Is the property: Owner occupied X Renter occupied Other 14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. Applicant will also be seeking ADLS Amend approval from the Plan Commission 15) Has work for which this application is being filed already started? If answer is yes, give details: No Budding Permit Number: N/A Builder: N/A 16) If proposed appeal is granted, when will the work commence? Immediately upon obtaining all required approvals 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? The Applicant, its successors and assigns NOTE: LEGAL NOTICE shall be published in the Indianapolis Star a MANDATORY twenty -five (25) days prior to the public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the hearing. LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are recommended: I) CERTIFIED MAIL RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date.) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT. AGAIN, THIS TASK MUST BE COMPLETED AT LEAST TWENTY -FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE. The applicant understands that docket numbers will not be assi•ned until all su ,ortin• information has been submitted to the Department of Community Services. State of et County of kiu 0..,`1 moo SS: My Commission Expires: Apr a 2b /G on C. Dobosiew z for The National bank of Indianapolis, Inc. Before me the undersigned, a Notary Public for /Yl a r County, State of Indiana, personally appeared Jon C. Dobosiewicz, of Nelson and Frankenberger, P.C., and acknowledged the execution of the foregoing instrument this z day of March, 2011. ;t ot Y� BECKY J. TURNER :NOTARY Marion County i•. seAL =t My Commission Expires April 24, 2016 EXHIBIT "A" (Legal Description of Real Estate) Part of the South Half of Section 31, Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, more particularly described as follows: Commencing at the Southwest corner of said Section 31; thence North 01 degrees 04 minutes 45 seconds West along the West line of said Section 1752.85 feet to the intersection of the centerline of Westfield Boulevard with the centerline of Carmel Drive; thence North 89 degrees 55 minutes 00 seconds East along the centerline of said Carmel Drive 600.00 feet to the P.C. of a curve; thence along said centerline Northeasterly 400.00 feet along an arc to the left having a radius of 1145.92 feet and a long chord having a bearing of North 79 degrees 55 minutes 00 seconds East and a length of 397.97 feet to the P.T. of said curve; thence North 69 degrees 55 minutes 00 seconds East along said centerline 238.51 feet to the P.C. of a curve; thence along said centerline Northeasterly 400.00 feet along an arc to the right having a radius of 1145.92 feet and a long chord having a bearing of North 79 degrees 55 minutes 00 seconds East and a length of 397.97 feet to the P.C. of said curve; thence North 89 degrees 55 minutes 00 seconds East along said centerline 1060.12 feet to the point of beginning of this description which is South 89 degrees 55 minutes 00 seconds West 690.73 feet from the intersection of the centerline of Keystone Way with the centerline of said Carmel Drive; thence North 89 degrees 55 minutes 00 seconds East along said centerline of Carmel Drive 172.21 feet; thence South 00 degrees 05 minutes 00 seconds East 290.00 feet; thence South 89 degrees 55 minutes 00 seconds West parallel with said centerline of Carmel Drive 171.81 feet; thence North 00 degrees 09 minutes 09 seconds 45 seconds West 290.00 feet to the point of beginning containing 1.145 acres, more or less. EXCEPT Part of the South Half of Section 31 Township 18 North, Range 4 East of the Second Principal Meridian in Hamilton County, Indiana being all that part of the Owner's Land identified as Parcel 27 lying within the area identified and shown as "proposed Permanent Right of Way" on the attached Route Survey Plat and being further described as follows: Commencing at the Southwest Corner of the Southwest Quarter of said Section 31; thence bearing North 01 degrees 04 minutes 45 seconds West (basis of bearings is from Instrument Number 9809831407, Office of the Hamilton County Recorder) along the West Line thereof a distance of 1752.85 feet to the centerline of Carmel Drive; thence North 89 degrees 55 minutes 00 seconds East along said centerline a distance of 600.00 feet to the point of curvature of a curve having a radius of 1145.92 feet, the radius point of which bears North 00 degrees 05 minutes 00 seconds West; thence easterly along said curve and along said centerline on arc distance of 400.00 feet to a point bearing South 20 degrees 05 minutes 00 seconds East from said radius point; thence North 69 degrees 55 minutes 00 seconds East along said centerline a distance of 158.51 feet to the point of curvature of a curve having a radius of 1145.92 feet, the radius point of which bears South 20 degrees 05 minutes 00 seconds East; thence easterly along said curve on arc distance of 400.00 feet to a point bearing North 00 degrees 05 minutes 00 seconds West from said radius point; thence North 89 degrees 55 minutes 00 seconds East along said centerline a distance of 1060.12 feet to a point distant South 89 degrees 55 minutes 00 seconds West a distance of 690.73 feet from the intersection of said centerline with the centerline of Keystone Way; thence continuing North 89 degrees 55 minutes 00 seconds East along said centerline a distance of 172.21 feet; thence South 00 degrees 05 minutes 00 seconds East a distance of 40.00 feet to the point of beginning on the South Right of Way line of Cannel Drive; thence continuing South 00 degrees 05 minutes 00 seconds East a distance of 8.00 feet; thence South 89 degrees 55 minutes 00 seconds West parallel with the aforesaid Right of Way line a distance of 172.14 feet; thence 00 degrees 09 minutes 45 seconds West a distance of 8.00 feet to the aforesaid South Right of Way line of Carmel Drive; thence North 89 degrees 55 minutes 00 seconds East along said Right of Way line a distance of 172.15 feet to the Point of Beginning. Containing 1377 square feet. 2. Attorney/ Land Use Professional EXHIBIT B (Contact List) 1. Applicant The National Bank of Indianapolis a National Association 107 N. Pennsylvania Street Suite 600 Indianapolis, IN 46204 Attn: Michael S. Maurer, President Phone: (317) 844 -8372 Charles D. Frankenberger Jon C. Dobosiewicz Nelson Frankenberger 3105 E. 98 Street, Suite 270 Indianapolis, IN 46280 Phone: (317) 844 -0106 Fax: (317) 846 -8782 Email: Charlie @nf- law.com Email: Jon @nf- law.com 3. Architect Diana M.H. Brenner, FAIA, IIDA LEED AP, President Brenner Design 108 East Market Street Indianapolis, IN 46204 Phone: (317) 262 -1220 Fax: (317) 262 -1260 E -mail: dbrenner rdesign.com H: \Becky\Zoning Real Estate Matters \National Bank of Indpls Carmel Drive \Applications\Landscape Variance Application DSV Request 030111.doc CARMEL ADVISORY BOARD OF ZONING APPEALS CARMEL, INDIANA Docket No.: Petitioner: The National Bank of Indianapolis FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: The landscaping will compliment the building and parkingarea while providing sufficient visibility of the site to address heightened security needs of a Financial Institution. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner because: The landscaping will compliment the building and parking area while providing sufficient visibility of the site to address heightened security needs of a Financial Institution. 3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the use of the property because: Absent a reduction in landscape buffer plantings the owner will be unable to effectively address the heightened security needs associated with a Financial Institution. IT IS THEREFORE the decision of the Carmel Board of Zoning Appeals that Development Standards Variance Docket No. is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by reference and made a part hereof. Adopted this day of 20 CHAIRPERSON, Carmel Board of Zoning Appeals SECRETARY, Carmel Board of Zoning Appeals DECISION Conditions of the Board are listed on the back. (Petitioner or his representative to sign).